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Legal Advice Centre

An exploration into Clinical Legal Education in Trinidad and Tobago

Queen Mary Legal Advice Centre students attend Hugh Wooding Law School’s Legal Aid Centre on a Clinical Exchange Programme.

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Islands in the sea in Trinidad and Tobago

Image by Kevin Langaigne from Pixabay

Embarking on a week-long exchange to the Legal Aid Centre in the Hugh Wooding Law School (HWLS), Trinidad and Tobago, proved to be a transformative experience that broadened our horizons in the realm of clinical legal education. The Legal Aid Centre is staffed by in-house attorneys and second-year students from HWLS. As part of students’ post-graduate qualification, students act as paralegals under an attorney’s supervision on a range of legal matters.

The journey promised not only theoretical insights but also a practical understanding of the legal landscape of a Caribbean jurisdiction. Trinidad and Tobago is a Commonwealth country, which means that a great deal of the laws between Trinidad and Tobago and the UK are similar.

We will share our daily adventures to highlight the unique opportunities which we experienced through an alternate clinical legal practice and cultural engagement.

Monday: Bridging the Gap Between Theory and Practice

The week kicked off with a deep dive into the intricacies of Wills and Probate. Mr Jerome Herrera hosted a seminar which seamlessly merged theoretical learning with practical applications, providing us with invaluable insights into the nuances of the legal processes.

Following this, we observed a virtual hearing in the family court with Mr Herrera who was instructed as the attorney for the claimant. Mr Herrera enlightened us on some of the cultural considerations that are factored in under family law. One example is sou sou payments (a community savings scheme) passed down through generations which the court recognises alongside traditional assets. We found this interesting because although they are informal agreements, they are admissible as evidence.

In the afternoon, we were invited to participate in Mr Jason Nathu’s student clinic seminar. We witnessed the difference in clinics depending on the attorney's practice area. The students’ professionalism and enthusiasm made it an eye-opening and enjoyable session.

The day concluded through participating in the HWLS client intake process. We contacted a prospective Legal Aid Centre client about a family law dispute. This required forms to be completed to ascertain the client’s eligibility and personal circumstances. Unlike the work conducted by the QMLAC, HWLS is a small fee clinic providing representation that requires a thorough assessment of the client’s circumstances.

Tuesday: Exploring Conveyancing and Engaging with Live Cases

Day two began with a Wills and Probate session hosted by Mr Marlon Moore, this time focussing on the theory of preparing a will and the requirements for the next of kin. We also considered the procedure where an individual dies intestate (without a will) and the use of letters of administration in establishing the line of intestacy (the order of those who can submit a valid application).  This session was informative as it allowed us to reflect on the shared equitable concepts existing in both jurisdictions.

Mrs Barbara Lodge-Johnson welcomed us into her conveyancing seminar. This was an especially insightful session as we participated in discussions with HWLS students surrounding their active cases. This highly interactive session facilitated a cross-cultural exchange of ideas enriching the learning experience.

Wednesday: Witnessing Innovation in Family Court Proceedings

We were very excited for Wednesday morning’s unique opportunity to attend proceedings at the Children Court in the Port of Spain. The Court was established by the State in 2018 having implemented elements of the United Nations Convention on the Rights of the Child. We observed proceedings that came before Master Ali and witnessed firsthand the intersectionality of international law and local legal practices. We reflected on Trinidad's progressive approach to addressing current issues affecting young individuals in the criminal justice system. We felt honoured and privileged to connect with Master Ali, a QM alumni.

On our journey from the Children Court to HWLS we enjoyed a local traditional lunch. This fuelled us for the highly interactive and practical Trial Advocacy workshop with the much-admired Ms Renuka Rambachan. The class was divided into either prosecution or defence. Over the course of the session, we were taught the stages of trial proceedings based on a theoretical case study. As defence counsel, we discovered a persuasive trial advocate needs to master the skills of linguistics to narrate a defendant’s objectives successfully.

Wednesday Evening: Embracing Cultural Diversity during Diwali

In the evening, we were welcomed into the vibrant celebration of Diwali hosted by the HWLS Hindu Society. The lively event transcended cultural boundaries as students from diverse ethnic and religious backgrounds united to support their Hindu colleagues. Through the use of expressive arts and performances, we enjoyed a showcase of dance, song, and a fashion show. An inspirational speech was delivered contrasting the bright light of a Diwali diya at night, with us as lawyers being the light in the justice system. This cultural event highlighted Trinidad's multicultural fabric and the harmony that exists within its legal and social spheres.

Thursday: Collaborating with Social Work Students

The morning began with a virtual court hearing for a divorce and custody matter. We observed proceedings before HHJ Ramkerrysingh, with Mrs Barbara Lodge-Johnson acting for the Claimant. We were impressed by the use of a virtual courtroom to efficiently deal with the backlog of cases going through the judicial system due to COVID-19.

A workshop with social work students provided a holistic approach to the health and well-being of clients going through proceedings at the Legal Aid Centre. Social work students from the University of the West Indies have created an innovative program where they work with clients from the Legal Aid Centre, providing them with mental health and well-being support. This program highlights the scale of impact legal issues have on individuals. This collaborative initiative enables social work and law students to provide a simultaneous service of representation and support. Having observed this program, we further understand how clinical legal education can be used as a collaborative and interdisciplinary vehicle, providing access to justice and support throughout the lifetime of a legal case.

On our final afternoon session, we had the joy of participating in Mrs Kavita Deochan’s seminar. This session was highly interactive and allowed us the opportunity to network with students from other Caribbean islands. We discussed ongoing local challenges facing the law, such as Venezuelan migration into Trinidad and Tobago and the various initiatives in place to assist the migrants with the right to work. HLWS students were curious and asked questions about the legal systems in Australia (to James) and Canada (to Kayana).

Friday: Empowering Through Street Law Clinic

HWLS’ model hospitality continued throughout our last day, with a celebratory breakfast held to celebrate Diwali. We were spoiled with traditional sweet and spicy delicacies and rich conversations about Diwali and family traditions.

Our final engagement for the week was an opportunity to give back to the staff and students of HWLS by hosting a Street Law Workshop. Together with the QMLACs Director, Frances Ridout and the Public Legal Education and Street Law Manager, Meghan Mizen we led the session. HWLS staff and students were introduced to a new methodology of learning centred upon a student-led interactive workshop aimed at equipping and educating community groups about the law. We were delighted to see the enthusiasm and novel approaches adopted through the exercises.

A Final Note

Our participation in the QMLAC x HWLS exchange program offered us a multifaceted exploration of clinical legal education, combining theoretical knowledge with practical experiences. We gained insights into a Caribbean jurisdiction and explored numerous innovative approaches adopted by Trinidad and Tobago to address contemporary legal issues. Examples of this include the creation of the Children Court to deal with matters relating to minors and their families, and permitting Venezuelan migrants the right to reside and work despite their precarious status as refugees. The exchange served as a reminder that legal education is a dynamic and evolving field. 

We want to thank everyone from HWLS and QMLAC as we reflect on the exchange with great fondness and a true sense of accomplishment.

A Joint Statement by James & Kayana 

“The clinical legal education exchange program between QMLAC and HWLS’ Legal Aid Centre facilitates an important partnership centred around exchanging knowledge and reciprocal learning. As clinical legal education (CLE) students this exchange provided us with a further practical understanding of this pedagogy. Having worked at the Hugh Wooding Legal Aid Clinic for a week we gained invaluable practical experience and insight into cross-jurisdictional CLE. Engaging with students and staff at HWLS allowed us to witness how different jurisdictions approach CLE, revealing unique methodologies and practices. This experience has not only enriched our academic experience but also enhanced our abilities to critically evaluate and draw connections between the various teaching methods. The legal exchange was a highlight of our legal education offering a multifaceted understanding of the law, and the importance of access to legal aid, all while fostering international connections and collaboration.”

By Kayana Smith and James Donkin

Kayana is a final year Senior Status student on the Law LLB (Hons) program, volunteering with the QMLAC as a Support Team Member, Student Adviser, and Refugee Law Clinic volunteer.

James is also a final year Law LLB (Hons) student, having volunteered in the QMLAC as a Note Taker, Student Adviser, and Social Welfare Benefits Tribunal Representative.

 

 

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